IN THE CASE OF: .
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014189
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the Meritorious Service Medal (MSM) and his second tour in Iraq from 20060801 20070202.
2. The applicant states that a clerical error resulted in the omission of his award of the MSM and his second tour in Iraq from his DD Form 214 at the time of his discharge.
3. The applicant provides a copy of his Officer Evaluation Report (OER) for his assignment in Iraq, a copy of his MSM Citation containing order numbers, a copy of his DD Form 214, and a copy of his Officer Record Brief (ORB).
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Regular Army Medical Corps major on 31 May 2004 and entered active duty on 12 July 2004 for a period of 4 years.
2. He served in Iraq from 20041107 20050531 and from 20060801 20070202. His total foreign service was 1 year and 24 days. He was promoted to the rank of lieutenant colonel on 14 April 2008.
3. The applicant was awarded the MSM on 23 June 2008 in Permanent Orders Number 175-5, issued by the Army Medical Command at Fort Sam Houston, Texas.
4. On 12 July 2008, he was honorably discharged under the provisions of Army Regulation 600-8-24, paragraph 3-5, for miscellaneous/general reasons. He had served 4 years and 1 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Bronze Star Medal, the Army Commendation Medal (2d award), Army Achievement Medal, the Meritorious Unit Commendation, the American Defense Service Medal, the National Defense Service Medal (2d award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, the Iraq Campaign Medal, and the Army Service Ribbon. It also only reflects one tour in Iraq and no foreign service in block 12f (foreign service).
5. Army Regulation 600-8-22 (Military Awards) states the American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 for a period of 12 months of active service or longer.
6. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that his second tour in Iraq and his award of the MSM were omitted from his DD Form 214 have been noted and found to have merit.
2. The applicant was awarded the MSM on 23 June 2008 in Permanent Orders Number 175-5, issued by the Army Medical Command at Fort Sam Houston, Texas. Accordingly, he is entitled to have this award added to his DD Form 214.
3. The applicant served in Iraq for a second tour from 20060803 20070124 and he is entitled to have the entry Service in Iraq 20060803 20070124 added to block 18 (Remarks) of his DD Form 214.
4. Additionally, the applicant served 1 year and 24 days in Iraq during two deployments; therefore, he is entitled to have that foreign service added to block 12f of his DD Form 214.
5. It is also noted that the applicants DD Form 214 contains award of the American Defense Service Medal which has not been in effect since 1941. While it appears that he is not authorized this award it is the Boards policy not to remove the award without a request from the individual concerned.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Adding the entry 0001 00 24 to block 12f of his DD Form 214
* Adding the MSM to block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* Adding the entry Service in Iraq - 20060803 20070124 to block 18 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110014189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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